November 18, 2014

Recent Jurisprudence – Expiration of Mexican Trademark Registrations

By Adrian Salgado

Recently, the First Collegiate Court on Administrative Matters of the First Circuit approved legal opinion number
I.1o.A.79 A (10a.) entitled: “Expiration of trademark registrations. The use of a trademark by an authorized third
party, other than the owner, is sufficient to avoid its expiration.” In its opinion the Court determined that the
relevant aspect to be considered in verifying the expiration of a trademark is its actual use for marketing of products, or for the rendering of services that are distinguished by such mark and, that said use by a third party
other than the owner serves to preserve the effectiveness of the trademark and avoid its expiration, in accordance
with the concept of mandatory use of the registered trademark under Mexican applicable intellectual property
law.